AMZN Amazon.com Inc

By Sebastian Herrera 

Amazon.com Inc. is suing New York's attorney general to prevent the state from potentially taking legal action against the company over its handling of worker safety during the Covid-19 pandemic and firing of one of its warehouse workers last year.

In a complaint filed Friday in federal court in Brooklyn, Amazon said that New York Attorney General Letitia James has threatened to sue the company if it doesn't agree to a list of demands, including reducing its production speeds and performance requirements and paying "large sums" to Christian Smalls, the fired worker.

The state "lacks the legal authority it purports to wield against Amazon, " the Seattle-based company said in the complaint, arguing that its operations are "governed by federal law and enforced by federal regulators."

Amazon is asking a judge to rule that Ms. James lacks the authority to regulate workplace safety and prevent her from pursuing litigation against the company over the issue.

"We will not be intimidated by anyone, especially corporate bullies that put profits over the health and safety of working people," Ms. James said in a statement Friday. "We remain undeterred in our efforts to protect workers from exploitation and will continue to review all of our legal options."

The company declined to comment beyond its complaint.

Ms. James launched a probe into Amazon's labor practices last year following the firing of Mr. Smalls. He was among a group of workers who staged a walkout at the company's Staten Island facility in March to help draw attention to requests for better pay and added protections against the risks they faced working during the pandemic. The protest was one of several by workers around the country who said Amazon didn't implement enough safety measures to guard against Covid-19.

Amazon said it f ired Mr. Smalls because he had violated social-distancing guidelines, including ignoring orders to stay home for two weeks after coming in contact with a co-worker who had a confirmed case of Covid-19. Mr. Smalls is one of several Amazon workers in the past year who have claimed wrongful termination by the company for speaking out.

Diane O'Malley, an attorney with Hanson Bridgett LLP who isn't involved in the suit, said Amazon's lawsuit is a proactive measure that, if successful, could prevent similar actions by other states over the company's safety practices. In December, California sued to force Amazon to comply with subpoenas related to a state investigation into coronavirus safety protocols at its warehouses.

Amazon said in its complaint that such oversight of its warehouses belongs to the Occupational Safety and Health Administration, a federal agency that oversees workplace safety.

""They're trying to get a judge to say federal law pre-empts the state," Ms. O'Malley said.

Amazon reiterated in its complaint the protocols it has put in place in response to the pandemic, including extensive cleaning of facilities, temperature checks and use of protective equipment. Amazon has said it spent roughly $11.5 billion on Covid-related costs last year, including regularly testing workers for the virus.

The case in New York is one of several challenges Amazon faces in various states. The company is confronting a high-profile union election at one of its warehouses in Alabama, where potentially thousands of workers began to vote by mail this week. California is also looking into how the company treats sellers in its online marketplace, and in Connecticut authorities are investigating how Amazon sells and distributes digital books.

Write to Sebastian Herrera at Sebastian.Herrera@wsj.com

(END) Dow Jones Newswires

February 12, 2021 15:56 ET (20:56 GMT)

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